Notice2026-08610
Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 4, 2026
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is publishing the updated annual list of product categories for which the Federal Prison Industries' share of the DoD market is greater than five percent.
Full Text
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<title>Federal Register, Volume 91 Issue 85 (Monday, May 4, 2026)</title>
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[Federal Register Volume 91, Number 85 (Monday, May 4, 2026)]
[Notices]
[Page 23979]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08610]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket No. DARS-2026-0100]
Acquisition of Items for Which Federal Prison Industries Has a
Significant Market Share
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice.
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SUMMARY: DoD is publishing the updated annual list of product
categories for which the Federal Prison Industries' share of the DoD
market is greater than five percent.
DATES: May 16, 2026.
FOR FURTHER INFORMATION CONTACT: Benjamin Cady, 757-501-8155.
SUPPLEMENTARY INFORMATION: On November 19, 2009, a final rule was
published in the Federal Register at 74 FR 59914, which amended the
Defense Federal Acquisition Regulation Supplement (DFARS) subpart 208.6
to implement section 827 of the National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110-181). Section 827 changed DoD competition
requirements for purchases from Federal Prison Industries, Inc. (FPI)
by requiring DoD to publish an annual list of product categories for
which FPI's share of the DoD market was greater than five percent,
based on the most recent fiscal year data available. Product categories
on the current list, and the products within each identified product
category, must be procured using competitive or fair opportunity
procedures in accordance with DFARS 208.602-70.
The Principal Director, Defense Pricing, Contracting, and
Acquisition Policy (DPCAP), issued a memorandum dated April 17, 2026,
that provided the current list of product categories for which FPI's
share of the DoD market is greater than five percent based on fiscal
year 2025 data from the Federal Procurement Data System. The product
categories to be competed effective May 16, 2026, are the following:
<bullet> 7110 (Office Furniture)
<bullet> 7210 (Household Furnishings)
<bullet> 8105 (Bags and Sacks)
<bullet> 8125 (Bottles and Jars)
<bullet> 8420 (Underwear and Nightwear, Men's)
The DPCAP memorandum with the current list of product categories
for which FPI has a significant market share is posted at <a href="https://www.acq.osd.mil/dpap/policy/policyvault/USA000450-26_DPCAP.pdf">https://www.acq.osd.mil/dpap/policy/policyvault/USA000450-26_DPCAP.pdf</a>.
The statute, as implemented, also requires DoD to--
(1) Include FPI in the solicitation process for these items. A
timely offer from FPI must be considered and award procedures must be
followed in accordance with existing policy at Federal Acquisition
Regulation (FAR) 8.602(a)(4)(ii) through (v);
(2) Continue to conduct acquisitions, in accordance with FAR
subpart 8.6, for items from product categories for which FPI does not
have a significant market share. FAR 8.602 requires agencies to conduct
market research and make a written comparability determination, at the
discretion of the contracting officer. Competitive (or fair
opportunity) procedures are appropriate if the FPI product is not
comparable in terms of price, quality, or time of delivery; and
(3) Modify the published list if DoD subsequently determines that
new data requires adding or omitting a product category from the list.
Kimberly R. Ziegler,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2026-08610 Filed 5-1-26; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on May 4, 2026.
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